Codding
Ernest W. Hahn, Inc. v. Codding
Opinion
Opinion
Aguilar, J.
OPINION AND ORDER
Plaintiff Ernest W. Hahn (Hahn) is a developer who in 1972 was selected by the Urban Renewal Agency of Santa Rosa (Agency) to develop a regional shopping center in downtown Santa Rosa. Defendant Hugh B. Codding and his company Codding Enterprises (collectively referred to as Codding) had also bid for the development contract, but lost out to Hahn. As the losing bidder, Codding has initiated, financed or controlled some sixteen lawsuits challenging the development of the shopping center. Hahn brought this action alleging that Codding’s involvement in the various lawsuits seeking to block development of the shopping center constitutes an abuse of the judicial process and a violation of the antitrust laws. The facts surrounding this litigation are more fully explored by the Court of Appeals in its decision this year reversing the District Court’s dismissal of this action. See Ernest W. Hahn, Inc. v. Codding, 615 F.2d 830 (9th Cir. 1980).
Codding now moves for summary judgment on Hahn’s claims, arguing that the lawsuits in which it has been involved are absolutely immune from the antitrust laws because they are environmental and taxpayer actions.